85R12410 LHC-F     By: Collier H.B. No. 4196       A BILL TO BE ENTITLED   AN ACT   relating to the commitment of a defendant who is found incompetent   to stand trial and who is a person with an intellectual disability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 46B.073(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  If the defendant is charged with an offense listed in   Article 17.032(a), other than an offense listed in Article   17.032(a)(6), or the indictment alleges an affirmative finding   under Article 42A.054(c) or (d), the court shall enter an order   committing the defendant:                (1)  to the maximum security unit of any facility   designated by the Department of State Health Services, to an agency   of the United States operating a mental hospital, or to a Department   of Veterans Affairs hospital, if the defendant is a person with   mental illness; or                (2)  to a forensic state supported living center   designated under Section 555.002(a), Health and Safety Code, if the   defendant is a person with an intellectual disability.          SECTION 2.  Article 46B.104, Code of Criminal Procedure, is   amended to read as follows:          Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF   VIOLENCE. (a) A defendant who is a person with mental illness and   who is committed to a facility as a result of proceedings initiated   under this chapter shall be committed to the maximum security unit   of any facility designated by the Department of State Health   Services if:                (1)  the defendant is charged with an offense listed in   Article 17.032(a), other than an offense listed in Article   17.032(a)(6); or                (2)  the indictment charging the offense alleges an   affirmative finding under Article 42A.054(c) or (d).          (b)  A defendant who is a person with an intellectual   disability and who is committed to a facility as a result of   proceedings initiated under this chapter shall be committed to a   forensic state supported living center designated under Section   555.002(a), Health and Safety Code, if:                (1)  the defendant is charged with an offense listed in   Article 17.032(a), other than an offense listed in Article   17.032(a)(6); or                (2)  the indictment charging the offense alleges an   affirmative finding under Article 42A.054(c) or (d).          SECTION 3.  The heading to Article 46B.105, Code of Criminal   Procedure, is amended to read as follows:          Art. 46B.105.  TRANSFER FOLLOWING CIVIL COMMITMENT   PLACEMENT: MENTAL ILLNESS.          SECTION 4.  Articles 46B.105(a), (b), and (d), Code of   Criminal Procedure, are amended to read as follows:          (a)  Unless a defendant who is a person with mental illness   is determined to be manifestly dangerous by a review board   established under Subsection (b), not later than the 60th day after   the date the defendant arrives at the maximum security unit, the   defendant shall be transferred to:                (1)  a unit of an inpatient mental health facility   other than a maximum security unit; or                (2)  [a residential care facility; or                [(3)]  a program designated by a local mental health   authority [or a local intellectual and developmental disability   authority].          (b)  The commissioner of state health services shall appoint   a review board of five members, including one psychiatrist licensed   to practice medicine in this state and two persons who work directly   with persons with mental illness [or an intellectual disability],   to determine whether the defendant is manifestly dangerous and   whether, as a result of the danger the defendant presents, the   defendant requires continued placement in a maximum security unit.          (d)  A finding that the defendant is not manifestly dangerous   is not a medical determination that the defendant no longer meets   the criteria for involuntary civil commitment under Subtitle C [or   D], Title 7, Health and Safety Code.          SECTION 5.  Subchapter E, Chapter 46B, Code of Criminal   Procedure, is amended by adding Article 46B.1055 to read as   follows:          Art. 46B.1055.  TRANSFER FOLLOWING CIVIL COMMITMENT   PLACEMENT: INTELLECTUAL DISABILITY. (a) Unless a defendant who is   a person with an intellectual disability is determined to be a   high-risk alleged offender under Section 555.003, Health and Safety   Code, not later than the 30th day after the date the defendant   arrives at the forensic state supported living center designated   under Section 555.002(a) of that code, the defendant shall be   transferred to:                (1)  a unit of a state supported living center other   than a forensic state supported living center; or                (2)  a program designated by a local intellectual and   developmental disability authority.          (b)  In accordance with Section 555.003, Health and Safety   Code, the defendant's interdisciplinary team shall determine   whether the defendant is a high-risk alleged offender and whether,   as a result of the danger the defendant presents, the defendant   requires continued placement in a forensic state supported living   center.          (c)  A finding that the defendant is not a high-risk alleged   offender is not a medical determination that the defendant no   longer meets the criteria for involuntary civil commitment under   Subtitle D, Title 7, Health and Safety Code.          SECTION 6.  The change in law made by this Act applies only   to a proceeding under Chapter 46B, Code of Criminal Procedure, that   commences on or after the effective date of this Act, regardless of   when the defendant may have committed the underlying offense for   which the defendant became subject to the proceeding.          SECTION 7.  This Act takes effect September 1, 2017.